Emotional Support Dog Apartment Fees
In addition you cannot require a pet deposit from a tenant with an emotional support animal.
Emotional support dog apartment fees. Federal laws protect your rights. However if the animal does cause damage while residing in the property you can make deductions from the tenant s security deposit for this damage. They provide you with comfort and relief from stress anxiety depression and other emotional ailments. Charging a fee for emotional support animals.
An esa is a medical tool and not a pet. Lansing people trying to pass off pets as emotional support animals in order to avoid fees charged by landlords could be guilty of a misdemeanor under a bill that unanimously passed the house. New york and federal law requires service dogs but not emotional support animals to be allowed in public places. An emotional support animal is not a get out of jail free card when it comes to damages caused by the animal.
Under new york law and the federal americans with disabilities act ada people with disabilities may bring their service dogs to all public accommodations such as restaurants museums hotels and more. However a landlord can charge fees to repair any damages to a tenant with an emotional support animal. The law refers to these types of pets as emotional support animals. The fair housing act.
For the purposes of requiring an emotional support animal a person is disabled if he or she is substantially limited in a major life activity. In california tenants have the right to bring their service dogs and emotional support animals to live with them in many circumstances. This is one of the first questions in an esa owners mind especially when moving into a new rental accommodation. 3 it is necessary to have the pet in order to use and enjoy the premise.
Do you have to pay a pet deposit for an emotional support animal esa. Pets that provide people with comfort have unique housing rights. Nathanson 62 a d 3d 879 879 n y s. Under federal fair housing laws emotional support animals must have access to apartments with a no pet policy and are exempt from pet related fees.
Under the fha a disability is defined as a physical or mental impairment which significantly limits a person s major life activities. An emotional support animal is more than a pet. By lisa guerin j d. The fair housing act fha is a federal law that prevents discrimination against tenants in their homes.
Each tenant is responsible for their animal s actions and behaviors. If that s your case you and your assistance animal have come to the right place. Landlords and other housing providers in california may not refuse to make reasonable accommodations in their rules or policies if such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a house or.